Colonial Copyright

Intellectual Property in Mandate Palestine

Michael D. Birnhack

Tells the story of colonial copyright history from the overlooked perspective of the colonized peoples

Provides an innovative general framework for studying copyright history in former colonies

An interdisciplinary study of an important area of legal history that continues to shape copyright law today

Material drawn from rarely-seen archival resources, covering a variety of creative works and technologies

Colonial Copyright

Intellectual Property in Mandate Palestine

Michael D. Birnhack

Description

When the British Empire enacted copyright law for its colonies and called it colonial, or Imperial, copyright, it had its own interests in mind. Deconstructing the imperial policy regarding copyright offers a startling glimpse into how this law was received in the colonies themselves. Offering the first in-depth study from the point of view of the colonized, this book suggests a general model of Colonial Copyright as it was understood as the intersection of legal transplants, colonial law, and the particular features of copyright, especially authorship.

Taking as a case study the story of Mandate Palestine (1917-1948), the book details the untold history of the copyright law that became the basis of Israeli law, and still is the law in the Palestinian Authority. It queries the British motivation in enacting copyright law, traces their first, indifferent reaction, and continues with the gradual absorption into the local legal and cultural systems. In the modern era copyright law is at the forefront of globalization but this was no less true when colonial copyright first emerged. By shining a light on the introduction and reception of copyright law in Mandate Palestine, the book illuminates the broader themes of copyright law: the questions surrounding the concept of authorship; the relationship between copyright and the demands of progress; and the complications of globalization.

Colonial Copyright

Intellectual Property in Mandate Palestine

Michael D. Birnhack

Table of Contents

Introduction1. Colonial Transplants2. Colonial Copyright3. The Making of British Colonial Copyright4. Legislating Copyright in Palestine5. Constructing Culture and the Image of the Hebrew Author6. Copyright Law and Social Norms7. Setting the Law in Motion8. Copyright on the Air9. Telegraphic News10. Arab Copyright11. At a CrossroadConclusion

Colonial Copyright

Intellectual Property in Mandate Palestine

Michael D. Birnhack

Author Information

Michael Birnhack is a professor of law at Tel-Aviv University, Israel. He is fascinated by the way the law treats information and the interaction between law and culture. His research focuses on copyright, privacy, and freedom of expression, which he views as different aspects of information. Before joining Tel-Aviv University in 2007, he was a member of the faculty of law at Haifa University, where he was co-founder and co-director of the Haifa Centre of Law & Technology. He served on the board of several Israeli public bodies, including the Public Council for Privacy, the Ethics Centre in Jerusalem, and the Association of Civil Rights in Israel. Birnhack testified in the Knesset numerous times, on issues of copyright and privacy. He studied law at Tel-Aviv and at NYU School of Law and prior to his academic career he was a news reporter (legal affairs) and news editor for an Israeli radio station and then a member of the founding team of Channel 2 Television News.

Colonial Copyright

Intellectual Property in Mandate Palestine

Michael D. Birnhack

From Our Blog

By Michael Birnhack Copyright law provides a general legal framework intended to encourage creativity in literature and the arts. However, in some fields of cultural production, to borrow a term from Pierre Bourdieu, we observe that the players develop their own set of norms. These social norms de facto replace the formal law. The norms often develop in a bottom-up way, rather than the set of top-down rules. This intersection of formal copyright law and social norms in creative fields requires attention.